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| 01A01-9603-PB-00092
01A01-9603-PB-00092
Originating Judge:James R. Everett |
Davidson County | Court of Appeals | 08/28/96 | |
| 01A01-9601-BC-00049
01A01-9601-BC-00049
Originating Judge:Ben H. Cantrell |
Court of Appeals | 08/28/96 | ||
| Jimmy Mccarver v. Tecumseh Products Company
02S01-9512-CV-00124
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer, Tecumseh, contends that the evidence preponderates against the trial court's finding that the employee's disability arose out of the employment. The panel agrees. On October 1, 1993, the employee or claimant, McCarver, while working for the employer, bumped his leg against a metal container and felt immediate pain. He was referred to a doctor, who diagnosed a bruised leg and arthritis. When the pain persisted, the claimant was referred to another doctor, who made a similar diagnosis. The claimant testified that he has difficulty standing, walking, squatting, sitting and sleeping that he did not have before the accident, and that he is no longer able to work. His condition interferes with his hunting and fishing. Doctors have determined that he has degenerative joint disease and synovitis of the left knee. There is no medical evidence that his condition is causally connected to the work-related accident of October 1, 1993. The trial court awarded permanent partial disability benefits on the basis of seventy-five percent to the left leg. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). Unless admitted by the employer, the employee has the burden of proving, by competent evidence, every essential element of his claim. Mazanec v. Aetna Ins. Co., 491 S.W.2d 616 (Tenn. 1973). He must prove, among other things, that his injury arose out of his employment. In order to establish that an injury was one arising out of the employment, the cause of the injury must be proved. In all but the most obvious cases, causation may only be established by expert medical testimony. Orman v. Williams Sonoma, Inc., 83 S.W.2d 672, 676 (Tenn. 1991). In the present case, there simply is no medical evidence either that the accident at work caused the injury or that it aggravated a pre-existing condition, causing the disability. Moreover, the causal connection is not obvious from the circumstances. We therefore find that the evidence preponderates against any award of permanent disability benefits. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Julian P. Guinn, |
Henry County | Workers Compensation Panel | 08/28/96 | |
| 02A01-9503-CV-00036
02A01-9503-CV-00036
Originating Judge:Julian P. Guinn |
Carroll County | Supreme Court | 08/28/96 | |
| Jimmy Mccarver v. Tecumseh Products Company
02S01-9512-CV-00124
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 5-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer, Tecumseh, contends that the evidence preponderates against the trial court's finding that the employee's disability arose out of the employment. The panel agrees. On October 1, 1993, the employee or claimant, McCarver, while working for the employer, bumped his leg against a metal container and felt immediate pain. He was referred to a doctor, who diagnosed a bruised leg and arthritis. When the pain persisted, the claimant was referred to another doctor, who made a similar diagnosis. The claimant testified that he has difficulty standing, walking, squatting, sitting and sleeping that he did not have before the accident, and that he is no longer able to work. His condition interferes with his hunting and fishing. Doctors have determined that he has degenerative joint disease and synovitis of the left knee. There is no medical evidence that his condition is causally connected to the work-related accident of October 1, 1993. The trial court awarded permanent partial disability benefits on the basis of seventy-five percent to the left leg. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance is otherwise. Tenn. Code Ann. section 5-6-225(e)(2). Unless admitted by the employer, the employee has the burden of proving, by competent evidence, every essential element of his claim. Mazanec v. Aetna Ins. Co., 491 S.W.2d 616 (Tenn. 1973). He must prove, among other things, that his injury arose out of his employment. In order to establish that an injury was one arising out of the employment, the cause of the injury must be proved. In all but the most obvious cases, causation may only be established by expert medical testimony. Orman v. Williams Sonoma, Inc., 83 S.W.2d 672, 676 (Tenn. 1991). In the present case, there simply is no medical evidence either that the accident at work caused the injury or that it aggravated a pre-existing condition, causing the disability. Moreover, the causal connection is not obvious from the circumstances. We therefore find that the evidence preponderates against any award of permanent disability benefits. 2
Authoring Judge: Joe C. Loser, Jr., Special Judge
Originating Judge:Hon. Julian P. Guinn, |
Henry County | Workers Compensation Panel | 08/28/96 | |
| Joe Boatman v. Ww of Memphis, Inc. D/B/A. Advance Muffler & Auto Service and Amerisure Insurance Company
02S01-9508-CV-00065
This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with TENN. CODE ANN. _ 5-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court awarded plaintiff 5% permanent partial disability to each arm. Defendant challenges 1) the finding of permanent vocational disability to the right arm and 2) the finding of 5% permanent partial disability to each arm. We affirm the judgment of the trial court. Plaintiff, 54 at the time of trial, has a high school degree and some college education, sufficient at least to be certified as a junior high school shop teacher in Texas. He taught for about two years. He has also been certified in mechanics by a vocational-technical school in Memphis. His work history includes work as a military supply clerk, factory worker, supervisor of inmates and of youths in juvenile detention and mechanic. Plaintiff worked for defendant-employer as an installer of brakes and mufflers and as a manager. On November 4, 1992, he slipped on some oil while guiding a car into the shop and fell into the pit, about eight feet down, head first. He tried to catch himself with his hands. Dr. Phillip Wright, an orthopedic surgeon, testified by deposition. He testified that plaintiff was diagnosed with a fracture of the left radial styloid (in the wrist), a fracture of the proximal phalanx of the left thumb and carpal tunnel syndrome in his right arm. Surgery was performed and a pin was temporarily placed in his left wrist. Plaintiff was given a splint for his right wrist and, in March 1993, was given a cortisone shot. After the shot, Dr. Wright did not testify to any complaints by plaintiff concerning his right arm. Dr. Wright assigned ten percent permanent impairment to the plaintiff's left upper extremity. He testified that, if plaintiff continued to have the same symptoms in his right arm, plaintiff would have a ten percent impairment to his right upper extremity. 2
Authoring Judge: John K. Byers, Senior Judg
Originating Judge:Hon. James E. Swearengen |
Shelby County | Workers Compensation Panel | 08/28/96 | |
| 02A01-9503-CV-00036
02A01-9503-CV-00036
Originating Judge:Julian P. Guinn |
Carroll County | Court of Appeals | 08/28/96 | |
| 02A01-9507-CV-00159
02A01-9507-CV-00159
Originating Judge:George H. Brown |
Shelby County | Court of Appeals | 08/27/96 | |
| 03C01-9511-CR-00350
03C01-9511-CR-00350
Originating Judge:Richard R. Baumgartner |
Knox County | Court of Criminal Appeals | 08/27/96 | |
| 02A01-9508-CV-00194
02A01-9508-CV-00194
Originating Judge:Jon Kerry Blackwood |
Fayette County | Court of Appeals | 08/27/96 | |
| 03C01-9508-CC-00217
03C01-9508-CC-00217
Originating Judge:R. Steven Bebb |
Bradley County | Court of Criminal Appeals | 08/27/96 | |
| 02A01-9508-CV-00168
02A01-9508-CV-00168
Originating Judge:Wyeth Chandler |
Shelby County | Court of Appeals | 08/27/96 | |
| 03A01-9603-CV-00082
03A01-9603-CV-00082
|
Hamilton County | Court of Appeals | 08/27/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
McMinn County | Court of Appeals | 08/27/96 | |
| 02A01-9504-CH-00080
02A01-9504-CH-00080
|
Shelby County | Court of Appeals | 08/27/96 | |
| 02A01-9504-CH-00080
02A01-9504-CH-00080
|
Shelby County | Court of Appeals | 08/27/96 | |
| X2010-0000-XX-X00-XX
X2010-0000-XX-X00-XX
|
Hamilton County | Court of Appeals | 08/27/96 | |
| 03C01-9509-CR-00273
03C01-9509-CR-00273
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 08/26/96 | |
| Duncan v. Crawford, Maryville, For The Appellant
03A01-9602-PB-00045
Originating Judge:Inman |
Blount County | Court of Appeals | 08/26/96 | |
| 01A01-9502-CH-00037
01A01-9502-CH-00037
|
Supreme Court | 08/26/96 | ||
| 03A01-9601-CH-00008
03A01-9601-CH-00008
|
Bradley County | Court of Appeals | 08/26/96 | |
| 02A01-9506-CH-00124
02A01-9506-CH-00124
Originating Judge:George R. Ellis |
Crockett County | Court of Appeals | 08/26/96 | |
| 01S01-9507-CV-103
01S01-9507-CV-103
|
Supreme Court | 08/26/96 | ||
| 03C01-9506-CR-00156
03C01-9506-CR-00156
Originating Judge:Ray L. Jenkins |
Knox County | Court of Criminal Appeals | 08/26/96 | |
| 01C01-9509-CR-00314
01C01-9509-CR-00314
Originating Judge:William M. Barker |
Davidson County | Court of Criminal Appeals | 08/22/96 |